THE UNION TERRITORIES (SEPARATION OF JUDICIAL 
AND EXECUTIVE FUNCTIONS) ACT, 1969 
_________ 

ARRANGEMENT OF SECTIONS 
_________ 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definition. 
3.  Amendments to Code of Criminal Procedure, 1898. 
4.  Amendments not to render invalid notifications, etc., before commencement of Act. 
5.  Functions exercisable by Judicial and Executive Magistrates. 
6.  Repeal of laws in transferred areas in Himachal Pradesh. 
7.  Saving. 
8.  Power to remove difficulties. 
9.  Power of Legislative Assembly of Union territory to amend this Act. 

THE SCHEDULE. 

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THE UNION TERRITORIES (SEPARATION OF JUDICIAL 
AND EXECUTIVE FUNCTIONS) ACT, 1969 

ACT NO. 19 OF 1969 

[31st May, 1969.] 

An Act to provide for the separation of judicial and executive functions in Union Territories. 

BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:— 

1.    Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Union  territories 

(Separation of Judicial and Executive Functions) Act, 1969. 

(2) It extends to all Union territories except the Union territory of Chandigarh. 

(3)  It shall  come  into  force  in  a  Union  territory  to  which  it  extends  on  such  date1  as  the  Central 

Government may, by notification in the Official Gazette, appoint in respect thereof: 

Provided  that  different  dates  may  be  appointed  for  different  areas  in  a  Union  territory  and  any 
reference to the commencement of this Act in relation to a Union territory or an area therein shall mean 
the date on which it comes into force in that Union territory or area. 

 2.  Definition.—In sections 3 to 9, “Union territory” means any Union territory other than the Union 

territory of Chandigarh. 

3.  Amendments to Code of Criminal Procedure, 1898.—For the purpose of separation of judicial 
and executive functions, the Code of Criminal Procedure, 18982 (5 of 1898), shall in its application to a 
Union territory, be amended in the manner and to the extent specified in the Schedule. 

4.    Amendments  not  to  render  invalid  notifications,  etc.  before  commencement  of  Act.—The 
provisions of this Act which amend the Code of Criminal Procedure, 18982 (5 of 1898), so as to alter the 
manner in which, the authority by which, or the law under or in accordance with which, any powers are 
exercisable, shall  not  render  invalid  any  notification,  order,  commitment,  attachment,  bye-law,  rule  or 
regulation duly made or issued or anything duly done before the commencement of this Act, and any such 
notification, order, commitment, attachment, bye-law, rule or regulation or thing may be revoked, varied 
or undone in the like manner, to the like extent and in the like circumstances, as if it had been duly made, 
issued or done after the commencement of this Act by the competent authority and in accordance with the 
provisions then applicable to such case. 

5.    Functions  exercisable  by  Judicial  and  Executive  Magistrates.—Where  under  any  law  the 
functions  exercisable  by  a  Magistrate  relate  to  matters  which  involve  the  appreciation  or  sifting  of 
evidence or the formulation of any decision which exposes any person to any punishment, or penalty, or 
detention in custody  pending  investigation,  inquiry  or  trial  or  would  have the  effect  of  sending him  for 
trial before any Court, such functions shall, subject to the provisions of this Act and the Code of Criminal 
Procedure, 18982 (5 of 1898)  as amended by this Act, be exercisable by a Judicial Magistrate and where  

1. 2nd October, 1969, vide notification No. S.O. 3836, dated 17th September, 1969 in respect of the Union territory of Delhi.  
   1st March, 1970, vide notification No S.O. 384, Dated 29 January, 1970 in respect of Union territory of Laccadive, Minicoy 

and Amindive Islands. 

2. See now the Code of Criminal Procedure, 1973 (2 of 1974). 

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such  functions  relate  to  matters  which  are  administrative  or  executive  in  nature,  such  as  the  grant  of  a 
licence,  the  suspension  or  cancellation  of  a  licence,  sanctioning  a  prosecution,  or  withdrawing  from  a 
prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate. 

6.    Repeal  of  laws  in  transferred  areas  in  Himachal  Pradesh.—On  the  commencement  of  this    
Act  in  the  transferred  areas  in  the  Union  territory  of Himachal  Pradesh,  the  Punjab  Separation  of       
Judicial  and  Executive  Functions  Act, 1964  (Punjab  Act  25  of  1964)  and  the  Code  of  Criminal 
Procedure, 18981 (5 of 1898), as in force immediately before such commencement in the said areas shall 
stand  repealed  except  as  respects  things  done  or  omitted  to  be  done  before  such  repeal  under  the  said 
Punjab  Act  or  under  the  provisions  of  the  laws  amended  by  the  said  Punjab  Act  and  section 6 of  the 
General Clauses Act, 1897 (10 of 1897), shall apply upon such repeal as if such repeal were a repeal of an 
enactment  by  a  Central  Act;  and  on  such  commencement,  the  said  Code  as  amended  by  this  Act shall 
extend to, and come into force in, the said areas and the provisions of the laws (other than the said Code) 
amended  by  the  said  Punjab  Act shall  have  effect  in  the  said  areas  as  if  such  provisions  had  not  been 
amended by the said Punjab Act. 

Explanation.—In  this  section,  “transferred  areas” means  the  territories  added  to  the  Union  territory 
of Himachal Pradesh by sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966), 
except the territories comprised in the districts of Lahaul and Spiti. 

7.  Saving.—(1) Save as provided in this section, nothing in this Act shall be deemed to affect— 

(a) the validity, invalidity, effect or consequence of anything done or suffered to be done before 

the commencement of this Act; 

(b)  any  right,  privilege  obligation or liability  already  acquired,  accrued  or incurred  before such 

commencement; 

(c) any penalty, forfeiture or punishment incurred or inflicted in respect of any  act before such 

commencement; 

(d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, 

liability, penality, forfeiture or punishment, 

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any 
such penalty, forfeiture or punishment may be imposed in accordance with the provisions of this Act and 
the Code of Criminal Procedure,18981 (5 of 1898), as amended by this Act. 

(2)  All  legal  proceedings  pending  before  a  Magistrate  or  Court  immediately  before  the 
commencement of this Act shall, if such Magistrate or Court ceases to have jurisdiction in respect of such 
proceedings under the provisions of the Code of Criminal Procedure, 1898 (5 of 1898) as amended by this 
Act,  stand  on  such  commencement  transferred  to  the  Magistrate  or  Court  having  jurisdiction  under  the 
provisions  of  the  Code  of  Criminal  Procedure, 18981  (5  of  1898),  as  amended  by  this  Act  and shall  be 
heard and disposed of by such Magistrate or Court and such Magistrate or Court shall have all the powers 
and jurisdiction in respect thereof  as if  they  had  been  originally  instituted  before  such  Magistrate  or  in 
such Court, including the power of the succeeding Magistrate under section 350 of the Code of Criminal 
Procedure, 18981 (5 of 1898). 

8.  Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this 
Act,  the  Central  Government,  in  consultation  with  the High  Court  having  jurisdiction  in  relation  to  the 
Union  territory  concerned,  may,  by order,  do  anything  (including  the  specification  of  the  appropriate 

1. See now the Code of Criminal Procedure, 1973 (2 of 1974). 

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Magistrate, whether judicial or executive, having jurisdiction under any law) not inconsistent with such 
provisions for the purpose of removing the difficulty: 

Provided that no such order shall be made after the expiration of three years from the commencement 

of this Act. 

Explanation.—  In  this  section,  “High  Court”  shall  have  the  same meaning  as  in  clause  (i)  of            

sub-section (1) of section 4 of the Code of Criminal Procedure, 1898 (5 of 1898). 

(2)  Every order  made  under sub-section  (1) shall  be  laid,  as  soon  as  may  be  after  it  is  made  before 

each House of Parliament. 

9.    Power  of  Legislative  Assembly  of  Union  territory  to  amend  this  Act.—Notwithstanding 
anything  contained  in  section 21 of  the  Government  of  Union  Territories  Act, 1963  (20  of  1963),  the 
Legislative  Assembly  of  a  Union  territory  may  by  law  amend  this  Act  in  its  application  to  that  Union 
territory. 

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THE SCHEDULE 

(See section 3) 

AMENDMENTS  TO  THE  CODE  OF CRIMINAL  PROCEDURE,  1898 

(5 OF 1898) 

1.  For section 6, the following sections shall be substituted, namely:— 

“6.  Classes of Criminal Courts.—Besides  the  High  Court  and  the  Courts  constituted under  
any  law  other  than  this  Code  for  the  time  being  in  force,  there  shall  to  be two classes  of  
Criminal  Courts,  namely:— 

I. Courts of Session. 

II. Courts of Magistrates. 

6A. Classes of Magistrates.—There shall be the following classes of Magistrates, namely:—               

A1.—Classes of Magistrates 

I. Judicial Magistrates: 

(1)  Chief Judicial Magistrate 

(2)  Judicial Magistrates of the first class. 

(3)  Judicial Magistrates of the second class. 

II. Executive Magistrates: 

(1)  District Magistrates. 

(2)  Sub-divisional Magistrates. 

(3)  Executive Magistrates of the first class. 

(4)  Executive Magistrates of the second class. 

(5) Special Executive Magistrates.”. 

2.    In   section   7,   for   sub-sections   (2)   and   (3),   the   following   sub-sections   shall   be        

substituted,  namely:— 

“(2)  The  State  Government,  in  consultation  with  the  High  Court,  may  alter  the  limits,  or  

the  number,  of  such  divisions  and  districts. 

(3)  The  sessions  divisions  and  districts  existing  in  any  Union  territory  immediately  before  
the  commencement  of  the  Union  Territories  (Separation  of  Judicial  and  Executive  Functions)  
Act,  1969  in  that  Union  territory  shall  be  sessions  divisions  and  districts  respectively,  unless  
and  until  they  are  altered  as  provided  in  sub-section  (2).”. 

3.  In section 9,— 

(i)   in   sub-section   (1)   after   the   words   “sessions   division,   and”,   the   words   “,   in  

consultation  with  the  High  Court,”  shall  be  inserted ; 

(ii)  in  sub-section  (2)  after  the  words  “State  Government”,  the  words  “,  in  consultation  

with  the  High  Court,”  shall  be  inserted  ; 

(iii)  in  sub-section  (3),  after  the  words  “may  also”,  the  words “, in  consultation  with  the  

“High  Court,”  shall  be inserted ; and 

(iv)   in   sub-section   (4),   after   the   words   “State   Government”,   wherever   they   occur,   the  

words  “in  consultation  with  the  High  Court,”  shall  be  inserted. 

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4.  In section 10,— 

(i)   for   the   marginal   heading,   the   following   marginal   heading   shall   be substituted,  

namely:— 

“District Marginal and Chief Judicial Magistrate.”; 

(ii)  in  sub-section  (1),  for  the  words  “a  Magistrate”,  the  words  “an  Executive  Magistrate”  

shall  be  substituted ; 

(iii)  in  sub-section  (2),  for  the  words  “any  Magistrate  of  the  first  class”,  the  words  “any  
Executive  Magistrate  of  the  first  class”  shall  be  substituted  and  after  that  sub-section  as  so  
amended,  the  following  sub-sections  shall  be  inserted,  namely:— 

“(2A)   In   every   district   the   State   Government   shall,   in   consultation   with   the   High  
Court,  invest  a  judicial  Magistrate  of  the  first  class  with  the  powers  of  a  Chief  Judicial  
Magistrate  under  this  Code  or  any  other  law  for  the  time  being  in  force. 

(2B)   The   State   Government   may,   in   consultation   with   the   High   Court,   appoint   any  
Judicial   Magistrate   of   the   first   class   to   be   an   Additional   Chief   Judicial   Magistrate   and  
such  Additional  Chief  Judicial  Magistrate  shall  have  all  or  any  of  the  powers  of  a  Chief  
Judicial   Magistrate   referred   to   in   sub-section   (2A)   as   the   State   Government   may,   in  
consultation  with  the  High  Court,  direct.”; 

(iv)  for  sub-section  (3),  the  following  sub-section  shall  be  substituted,  namely:—  

“(3)   For   the   purposes   of   section   88,   sub-section   (6C),   section   406B   and   section   528,    
sub-sections   (2B)   and   (3),   such   Additional   District   Magistrate   shall   be   deemed   to   be  
subordinate  to  the  District  Magistrate;  and  for  the  purposes  of  section  88,  sub-section  (6C),  
section  192,  sub-section  (1),  section  406B  and  section  528,  sub-sections  (2)  and  (2A),  such  
Additional  Chief  Judicial  Magistrate  shall  be  deemed  to  be  subordinate  to  the  Chief  Judicial  
Magistrate.”. 

5.  For section 12, the following section shall be substituted, namely:— 

“12.    Executive  Magistrates  and  Chief  Judicial  Magistrates.—(1)   The   State   Government  
may   appoint   as   many   persons   as   it   thinks   fit,   besides   the   District   Magistrate,   to   be  
Executive  Magistrates  of  the  first  or  second  class  in  any  district,  and  the  State  Government  
or  the  District  Magistrate,  subject  to  the  control  of  the  State  Government,  may,  from  time  to  
time,  define  local  areas  within  which  such  persons  may  exercise  all  or  any  of  the  powers  
with  which  they  may,  respectively,  be  invested  under  this  Code. 

(2)   The   State   Government,   in  consultation   with   the   High   Court,   may   confer   on   any  
person  who  is  a  civil  Judge  or  a  member  of  the  Judicial  Service  of  a  Union  territory  or  a  
group  of  such  territories,  the  powers  of  any  class  of  Judicial  Magistrates  in  any  district;  and  
the  State  Government,  in  consultation  with  the  High  Court,  or  the  Chief  Judicial  Magistrate,  
subject  to  the  control  of  the  High  Court,  may,  from  time  to  time,  define  local  areas  within  
which  he  may  exercise  all  or  any  of  the  powers  with  which  he  may  be  invested  under  this  
Code. 

(3)  The  State  Government,  in  consultation  with  the  High  Court,  may,  for  such  period  not  
exceeding   three   years   from   the   commencement   of   the   Union   Territories   (Separation   of  
Judicial  and  Executive  Functions)  Act,  1969,  as  it  may  think  fit,  appoint  as  many  persons,  
who  are  members  of  a  civil  service  in  any  Union  territory  or  in  any  State  and  who  are  or  
have  been  exercising  the  powers  of  a  Magistrate  in  such  territory  or  state  at  or  before  the  
commencement  of  the  said  Act,  as  may  be  considered  necessary  to  be  Judicial  Magistrates  
in  any  district;  and  the  State  Government,  in  consultation  with  the  High  Court,  may  define  
local   areas   within   which   such   persons   may   exercise   all   or   any   of   the   powers   with   which  
they  may,  respectively,  be  invested  under  this  Code. 

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(4)   Except   as   otherwise   provided   by   any   such   definition   as   is   referred   to   in                   

sub-sections   (1),   (2)   or   (3),   the   jurisdiction   and   powers   of   such   persons   shall   extend  
throughout  such  district.”. 

6. 

In   sub-section  

(1)   of   section   13,  

for  

the   word   “Magistrate”,  

the   words                   

“Executive  Magistrate”  shall  be  substituted. 

7.  For section 14, the following section shall be substituted, namely:— 

“14.  Special  Executive  Magistrates.—The   State   Government   may  

appoint               

Executive  Magistrates  for  particular  areas  or  for  the  performance  of  particular  functions  and  
confer   on   them   such   powers   as   it   deems   fit.  Such   Magistrates   shall   be   called   Special  
Executive   Magistrates   and   shall   be   appointed   for   such  term   as  the   State  Government   may,  
by  general  or  Special  order,  direct.”. 

8.  For  sub-section  (1)  of  section  15,  the  following  sub-section  shall  be  substituted,  namely:— 

“Benches  of  Judicial  Magistrate.—(1)  The   State   Government,   in   consultation   with   the  
High   Court,   may   direct   any   two   or   more   Judicial   Magistrates   in   any   place   in   a   Union  
territory  to  sit  together  as  a  Bench  and  may  by   order  invest  such  Bench  with  any  of  the  
powers  conferred  or  conferable  by  or  under  this  Code  on  a  Judicial  Magistrate  of  the  first  
or   second   class,   and   direct   it   to   exercise   such   powers   in   such   cases,   or,   such   classes   of  
cases   only   and   within   such   local   limits   as   the   State   Government,   in   consultation   with   the  
High  Court,  thinks  fit.”. 

9.  In section 16,— 

(i)   for   the   words   “The   State   Government   may,   or,   subject   to   the   control   of   the   State  
Government,  the  District  Magistrate”,  the  words  “The  High  Court,  subject  to  the  approval  of  
the  State  Government,”  shall  be  substituted;  and 

(ii)  for  the  words  “Magistrate’  Benches”,  the  words  “Judicial  Magistrates’  Benches”  shall  

be  substituted. 

10.  For section 17, the following sections shall be substituted, namely:— 

“17.    Subordination of Judicial Magistrates and Benches to Chief Judicial Magistrates and 
of  Chief  Judicial  Magistrates  and  Assistant  Sessions  Judges  to  Sessions  Judge.—(1)   All  
Judicial  Magistrates  appointed  under  sub-sections  (2)  and  (3)  of  section  12  and  all  Benches  
constituted   under   section   15,   shall,   subject   to   the   control   of   the   Sessions   Judge,   be  
subordinate   to   the   Chief   Judicial   Magistrate,   and   the   Chief   Judicial   Magistrate   may,   from  
time   to   time,   make   rules   or   give   special   orders   consistent   with   this   Code   as   to   the  
distributions  of  business  among  such  Magistrates  and  Benches. 

(2)  All  Chief  Judicial  Magistrates  shall  be  subordinate  to  the  Sessions  Judge. 

(3)   All   Assistant   Sessions   Judge   shall   be   subordinate   to   the   Sessions   Judge   in   whose  
Court  they  exercise  jurisdiction,  and  the  sessions  Judge  may,  from  time  to  time,  make  rules  
consistent   with  
Assistant  Sessions  Judges. 

the   distribution   of   business   among  

this   Code   as  

to  

such                        

(4)  The  Sessions  Judge  may  also,  when  he  himself  is  unavoidably  absent  or  incapable  of  
acting,   make   provision   for   the   disposal   of   any   urgent   application   by   an   Additional   or  
Assistant  Sessions  Judge,  or,  if  there  be  no  Additional  or  Assistant  Sessions  Judge,  by  the  
Chief  Judicial  Magistrate,  and  such  Judge  or  Magistrate  shall  have  jurisdiction  to  deal  with  
any  such  application. 

17A.      Subordination  of  Executive  Magistrates.—(1)   All   Executive   Magistrates   appointed  
under  sub-section  (1)  of  section  12,  section  13  and  section  14  shall  be  subordinate to  the  District  
Magistrate   and   every   Executive   Magistrate   (other   than   a   Sub-divisional   Magistrate)   exercising  
powers   in   a   sub-division   shall   also   be   subordinate   to   the   Sub-divisional   Magistrate,   subject,  
however,  to  the  general  control  of  the  District  Magistrate. 

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(2)   The   District   Magistrate   may,   from   time   to   time,   make   rules   or   give   special   orders  
consistent   with   this   Code   as   to   the   distribution   of   business   among   Executive   Magistrates  
subordinate  to  him  and  as  to  allocation  of  business  to  an  Additional  District  Magistrate. 

17B.   Courts inferior to High Court and Court of Session.—Courts  of  Session  and  Courts  of  
Judicial   and   Executive   Magistrates   shall   be   Criminal   Courts   inferior   to   the   High   Court   and  
Courts  of  Judicial  and  Executive  Magistrates  shall  be  Criminal  Courts  inferior  to  the  Court  of  
Session.”. 

11.    For   sub-section   (1)   of   section   29,   the   following   sub-section   shall   be   substituted,  

namely:— 

“(1)  Subject  to  the  other  provisions  of  this  Code,  any  offence  under  any  other  law  shall,  

when  any  Court  in  mentioned  in the  this  behalf  in  such  law,  be  tried  by  such  Court: 

Provided  that  if  the  Court  so  mentioned  is  a  Court  specified  in  column  (1)  of  the  Table  
below,  such  offence  shall  be  tried  by  the  Court  of  the  Judicial  Magistrate  specified  against  it  
in  column  (2), thereof: 

TABLE 

Name of court specified in the law 

Court by which triable 

(1) 

(2) 

1. District Magistrate 

2.  Magistrate of the first class 

3. Sub-divisional Magistrate 

4. Magistrate of the second class 

5. Magistrate of the third class 

Chief Judicial Magistrate. 

Judicial Magistrate of the first class. 

Judicial Magistrate of the first class. 

Judicial  Magistrate  of  the  second 
class. 

6.  Magistrate  (except  where  it  occurs  in  any     
expression mentioned above). 

Judicial Magistrate.”. 

12.  In  section  29B,  for  the  words  “a  District  Magistrate  or  a  Chief  Presidency  Magistrate,  or  
by  any  Magistrate  specially  empowered  by  the  State  Government”,  the  words  “a  Chief  Judicial  
Magistrate   or   any   other   Judicial   Magistrate   specially   empowered   by   the   State   Government   in  
consultation  with  the  High  Court”  shall  be  substituted. 

13.  For section 30, the following section shall be substituted, namely:— 

“30.      Offences  punishable  with  imprisonment  not  excluding  seven  years.—Notwithstanding  
anything   contained   in   section   28   or   section  29,  the   State   Government,  in   consultation   with   the  
High   Court   may   invest   any   Chief   Judicial   Magistrate   or   any   other   Judicial   Magistrate   of   the  
first  class  with  power  to  try  as  a  Judicial  Magistrate  all  offences  not  punishable  with  death  or  
with  imprisonment  for  life  or  with  imprisonment  for  a  term  exceeding  seven  years: 

Provided  that  no  Chief  Judicial  Magistrate  or  Judicial  Magistrate  of  the  first  class  shall  be  
invested  with  such  powers  unless  he  has  for  not  less  than  ten  years,  exercised  as  a  Magistrate  
powers  not  inferior  to  those  of  a  Magistrate  of  the  first  class: 

Provided   further   that   if   any   Judicial   Magistrate   of   the   first   class   has,   prior   to   his  
appointment  as  such  Magistrate,  exercised  the  powers  of  an  Assistant  Sessions  Judge,  he  may  be  
invested   with   the   powers   under   this  section   notwithstanding   the   fact   that  he   has   not   exercised  
the  powers  of  Magistrate  of  the  first  class  for  not  less  than  ten  years.”. 

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14.  In section 32,— 

(a)  in  the  marginal  heading,  for  the  word  “Magistrate”,  the  words  “Judicial  Magistrate”  

shall  be  substituted; 

(b)  in the sub-section  (1),— 

(i)  in  the  opening  sentence,  before  the  word  “Magistrates”, the  word  “Judicial”  shall  

be  inserted ; 

(ii)  in  clause  (a),  for  the  words  “Courts  of  Presidency  Magistrates and of  Magistrates  
of   the   first   class”,  the  words  “Courts  of  Judicial  Magistrates  of  the  first  class”   and   in        
clause   (b),   for   the   words   “Courts   of   Magistrates”,   the   words   “Courts   of   Judicial  
Magistrate”  shall  be  substituted; 

(iii) clause (c)  shall  be omitted; 

(c)  in  sub-section  (2),  for  the  words  “any  Magistrate”,  the words any Judicial Magistrates” 

shall  be  substituted. 

15.  In section 33, in sub-section (1),— 

(i)  in  the  marginal  heading,  for  the  word  “Magistrates”,  the  words  “Judicial  Magistrates”  

shall  be  substituted ; 

(ii)   in   the   opening   paragraph,   for   the   words   “any   Magistrate   the   words   “any   Judicial  

Magistrate”  shall  be  substituted; 

(iii)   in   the   proviso,   in   clause   (b),   for   the   words   “by   a   Magistrate”,   the   words   “ by   a  

Judicial  Magistrate”  shall  be  substituted; 

16.  In  the  marginal  heading  of  section  34,  for  the  word  “District”,  the  word  “Judicial”  shall  

be  substituted. 

17.    In   section   36,   after   the   words   “District   Magistrates”,   the   words   “Chief   Judicial  
Magistrates”,   shall   be   inserted;   and   for   the   words   “Magistrate   of   the   first,   second   and   third  
classes”,  the  words  “Judicial  and  Executive  Magistrates  of  the  first  and  second  classes”  shall  be  
substituted. 

18.  For  sections  37  and  38,  the  following  sections  shall  be  substituted,  namely:— 

“37. Additional powers conferable on Magistrates.—In addition to the ordinary powers,— 

 (i)  the   State   Government,   in   consultation   with   the   High   Court,   may   invest   any  

Judicial  Magistrate  with  any  of  the  Powers  specified  in  Part  IA  of  Schedule  IV; 

(ii) a   Chief   Judicial   Magistrate   may   invest   any   Judicial   Magistrate   within his  local  

jurisdiction  with  the  powers  specified  in  Part  IB  of  Schedule  IV; 

(iii)   the   State   Government   may   invest   any   Executive   Magistrate   with   any   of   the  

powers  specified  in  Part  IIA  of  Schedule  IV;  and 

(iv)   a   District   Magistrate   may   invest   any   Executive   Magistrate   within   his   local  

jurisdiction  with  the  powers  specified  in  Part  IIB  of  Schedule  IV. 

38.   Exercise of powers under section 37 by Chief Judicial Magistrate or District Magistrate to 
be  subject  to  control  of  High  Court  or  State  Government.—The   power   conferred   on   the   Chief  
Judicial   Magistrate   under   clause  (ii)   of   section   37   shall   be   exercised   subject   to   the   control   of  
the   High   Court   and   the   power   conferred   on   the   District   Magistrate   under   clause   (iv)   of   that  
section  shall  be  exercised  subject  to  the  control  of  the  State  Government. 

9 

 
 
 
 
 
 
38A. 

  Power  on  Judicial  Magistrates  to  be  conferred 

in  consultation  with  High                

Court.—Whenever  under  any  provisions  of  this  Code  or  of  any  other  law  for  the  time  being  in  
force  relating  to  any  of  the  matters  specified  in  Lists  II  and  III  of  the  Seventh  Schedule  to  the  
Constitution,  any  judicial  powers  are  to  be  conferred  on  a  Sessions  Judge,  or  an  Additional  or  
Assistant  Sessions  Judge  or  a  Chief  Judicial Magistrate  or  any  other  Judicial  Magistrate  or  any  
such  Magistrate  is  to  be  specially  empowered  to  exercise  such  powers  the  orders  conferring  such  
powers  or  empowering  the  exercise  of  such  powers  shall  be  made  by  the  State  Government  in  
consultation   with   the   High   Court   notwithstanding   that   such   provision   may   not   expressly   so  
provide. 

Explanation —For  the  purposes  of  this  section,  the  question  whether  any   powers  are  judicial  
shall  be  decided  by  the  State  Government  in  consultation  with  the  High  Court  and  such  decision  
shall  be  final”. 

19.   In  section  39,  to  sub  section  (1),  the  following  proviso  shall  be  added,  namely:— 

“Provided  that  in  the  case  of  Judicial  Magistrate,  the  State  Government  shall  confer  such  

powers  in  consultation  with  the  High  Court”. 

20.  To section 40, the following proviso shall be added, namely:— 

“Provided   that   in   the   case   of   Judicial   Magistrates   no   such   direction   shall   be   issued  

except  in  consultation  with  the  High  Court.”. 

21.  In section 41,— 

(i)  to  sub-section  (1),  the  following  proviso  shall  be  added,  namely:— 

“Provided  that  the  State  Government  shall  not  withdraw  any  power  conferred  on  the  

Judicial  Magistrate  except  in  the  consultation  with  the  High  Court.”; 

(ii)  for  sub-section  (2),  the  following  sub-section  shall  be  substituted,  namely:— 

“(2)  Any  powers  conferred  by  the  Chief  Judicial  Magistrate  or  the  District  Magistrate  

may be withdrawn by him.”. 

22.  In section 57,— 

(i)   in   sub-section   (2),   for   the   words   “a   Magistrate”,   the   words   “a   Judicial   Magistrate  

having  jurisdiction”  shall  be  substituted; 

(ii)  in  sub-  section  (3),  for  the  word  “Magistrate”,  the  words  “Judicial  Magistrate”  shall  

be  substituted. 

23.  In  section  63,  for  the  word  “Magistrate”,  the  words  “Magistrate  having  jurisdiction”  shall  

be  substituted. 

24.    For   Sub-section   (1)   of   section   78,   the   following   sub-section   shall   be   substituted,  

namely:— 

“(1)  A  District  Magistrate  or  a  Chief  Judicial  Magistrate  or  any  other  Judicial  Magistrate  
of   the   first   class   or   a   Sub-divisional   Magistrate   may   direct  a   warrant   to   any   landholder,  
farmer  or  manager  of  land  within  the  area  of  his  jurisdiction  for  the  arrest  of  an  escaped  
convict,  proclaimed  offender  or  person  who  has  been  accused  of  a  non-bailable  offence,  and  
who  has  eluded  pursuit.”. 

25.  In section 88,— 

(a)  in  sub-section  (2)  after  the  words  “District  Magistrate”,  the  words  “or  Chief  Judicial 

Magistrate”  shall  be  inserted; 

10 

 
 
 
(b)  in  sub-section  (6B)  after  the  words  “District  Magistrate”,  the  words  “or  Chief  Judicial 

Magistrate”  shall  be  inserted;  and 

(c)   for   the   proviso   to   sub-section   (6C),   the   following   proviso   shall   be   substituted,  

namely:— 

“Provided   that   if   it   is   preferred   or   made   in   the   Court   of   a   District   Magistrate   or  
Chief   Judicial   Magistrate,   he   may   make   it   over   for   disposal   to   any   Magistrate  
subordinate   to   him,   an   such   Magistrate   shall   have   all   the   powers   and   jurisdiction   in  
respect  of  such  claim  or  objection  as  if  the  order  of  attachment  had  been  issued  by  such  
Magistrate  and  the  claim  or  objection  had  been  originally  preferred  or  made  before  him.”. 

26.    In   section   95,   after   the   words   “District   Magistrate”,   wherever   they   occur   the   words  

“Chief  Judicial  Magistrate”,  shall  be  inserted. 

27.    In   sub-section   (2)   of   section   96,   after   the   words   “District   Magistrate”,   the   words   “or  

Chief  Judicial  Magistrate”  shall  be  inserted. 

28.    In   section   98,   after   the   words   “District   Magistrate”,   wherever   they   occur   the   words  

“Chief  Judicial  Magistrate”,  shall  be  inserted. 

29.    In   sub-section   (1)   of   section   106,   for  the   words  “Court   of   a   Presidency   Magistrate,   a  

District   Magistrate,  
“Court  of  a  Chief  Judicial  Magistrate  or  any  other  Judicial  Magistrate”  shall  be  substituted. 

a   Sub-divisional   Magistrate  

a   Magistrate”,  

or  

the   words                                        

30.  In sections 107, 108 and 109, for   the words “Magistrate of   the   first   class”   and   in   the      

section  110  for  the  words  “a  Magistrate  of  the  first  class”,  the  words  “an  Executive  Magistrate  
of  the  first  class”  shall  be  substituted. 

31.  In section 124,— 

(i)   for   the   words   “Chief   Presidency”,   whenever   they   occur,   the   words   “Chief   Judicial”  

shall  be  substituted; 

(ii)  in  sub-section  (1),  for  the  words  “under  this  Chapter”,  the  words  and  figures  “under  

section  118  or,  as  the  case  may  be,  under  section  106”  shall  be  substituted;  and 

(iii)  in  sub-section  (2),  for  the  words  “under  this  Chapter”,  the  words  and  figures  “under  

section  106  or,  as  the  case  may  be,  under  section  118,”  shall  be  substituted.   

32.  For section 125, the following section shall be substituted, namely:— 

“125. Power of Chief Magistrate to cancel any bond for keeping the peace and of District 
Magistrate  to  cancel  any  Bond  for  keeping  the  peace  or  for  good  behaviour.—The   Chief  
Judicial  Magistrate  may,  at  any  time,  for  sufficient  reasons  to  be  recorded  in  writing,  cancel  
any  bond  for  keeping  the  peace  executed  under  section  106  and  the  District  Magistrate  may  
at  any  time  likewise  cancel  any  bond  for  keeping  the  peace  or  for  good  behaviour  executed  
under  section  118  by  order  of  any  court  in  his  district  not  superior  to  his  Court.”. 

33.  In section 126,— 

(i)   in   sub-section   (1),   for   the   words   “to   a   Presidency   Magistrate,   District   Magistrate,      

Sub-divisional   Magistrate   or   Magistrate   of   the   first   class”,   the   words   and   figures   “to   the  
Court  by  which  an  order  to  give  security  was  made  under  section  106  or  section  118”  shall  
be  substituted  and  for  the  word  “his”,  the  word  “its”  shall  be  substituted;  and 

(ii)  for  sub-section  (2),  the  following  sub-section  shall  be  substituted,  namely:— 

“(2)  On  such  application  being  made,  the  Court  shall  issue  summons  or  warrant,  as  
it   thinks   fit,   requiring   the   person   for   whom   such   surety   is   bound   to   appear   or   to   be  
brought  before  it.”. 

11 

 
 
 
34. 

  In   sections   127,   128,   129   and   132,   for   the   word   “Magistrate”,   the   words             

“Executive   Magistrate”   shall   be   substituted;   in   sections   130   and   131,   for   the   words                       
“a   Magistrate”   the   words  “an   Executive   Magistrate”   and   in   section   131,  for   the   words   “no  
Magistrate”,  the  words  “no  Executive  Magistrate”  shall  be  substituted. 

35.  In section 133,— 

(i)  in  the  opening  paragraph  of  sub-section  (1)  and  in  sub-section  (2),  for  the  words  “a  

Magistrate”,  the  words  “an  Executive  Magistrate”  shall  be  substituted;  and 

(ii) in the closing paragraph  of  sub-section  (1), for  the  words “Magistrate of the first or second 

class”, the words “Executive Magistrate” shall be substituted. 

36. In section 143, for the words “any other Magistrate”, the words “any other Executive Magistrate” 

shall be substituted. 

37.    In   sub-section   (1)   of   section   144,   for   the   words   and   brackets   “any   other   Magistrate      

(not  being  a  Magistrate  of  the  third  class)”,  the  words  “any  other  Executive  Magistrate”  shall  be  
substituted. 

38.    In   sub-section   (1)   of   section   145   and   sub-section   (1)   of   section   147,   for   the   words  

“Magistrate   of   the   first class”,  the   words   “Executive   Magistrate   of   the   first   class”   shall                 
be  substituted. 

39.  In  sub-section  (1)  of  section  155,  the  words  “having  power  to  try  such  case  or  commit  

the  same  for  trial”  shall  be  inserted  at  the  end. 

40. 

  For   sub-section  

(1)   of   section   164,  

the  

following   sub-sections   shall   be                         

substituted,  namely:— 

“(1)  Any  Judicial  Magistrate  of  the  first  class  or  any  Judicial  Magistrate  of  the  second  
class   specially   empowered   in   this  behalf   by   the  State   Government  in  consultation   with  the  
High   Court,   may   record   any   statement   or   confession   made   to   him   in   the   course   of   an  
investigation  under   this  Chapter   or  under   any   other   law   for   the   time   being   in   force   or  at  
any time afterwards  before  the  commencement  of  the  inquiry  or  trial. 

(1A)   Any   Executive   Magistrate   of   the   first   class   or   of   the   second   class   (not   being   a  
police   officer)   may   be   specially   empowered   by   the   State   Government   to   record   such  
statements  or  confessions  if  that  Government  for  reasons  to  be  recorded  in  writing  considers  
it  necessary  so  to  do.”. 

41.  In section 167,— 

(i)   for   the   proviso   to   sub-section   (2),   the   following   proviso   shall   be   substituted,  

namely:— 

“Provided   that   no   Executive   Magistrate   of   the   second   class   not   it   specially    
empowered   in   this   behalf   by   the   State   Government,   and   no   Judicial   Magistrate   of   the  
second   class   not   specially   empowered   in   the   behalf   by   the   State   Government   to  
consultation  with  the  High  Court,  shall  authorise  detention  in  the  custody  of  the  police.”;  
and 

(ii)  for  sub-section  (4),  the  following  sub-section,  shall  be  substituted,  namely:— 

“(4)  

if   such   order  

is   given   by   an   Executive   Magistrate   other  

than  

the                        

District   Magistrate   or   Sub-divisional   Magistrate   he   shall   forward   a   copy   of   his   order,  
with  his  reasons  for  making  it,  to  the  magistrate  to  whom  he  is  immediately  subordinate  
and   if   such   order   is   given   by   a   Judicial   Magistrate   other   than   the   Chief   Judicial  
Magistrate,  he  shall  forward  a  copy  of  his  order,  with  his  reasons  for  making  it,  to  the  
Chief  Judicial  Magistrate.”. 

12 

 
 
 
42.    In   sub-section   (3)   of   section   170,   for   the   words   “District   Magistrate   or   Sub-divisional  

Magistrate”,  the  words  “Chief  Judicial  Magistrate”  shall  be  substituted. 

43.  In  sub-section  (5)  of  section  174,  for  the  words  “Magistrate  of  the  first  class,  and  any  
Magistrate”,   the   words   “Executive   Magistrate   of   the   first   class,   and   any   other   Executive  
Magistrate”  shall  be  substituted. 

44.  Section  176A  which  applies  only  to  the  Union  territory  of  the  Laccadive,  Minicoy  and  

Amindevi  Islands  shall  be  omitted. 

45.    In   sub-section   (1)   of   section   186,   for   the   words   “a   Presidency   Magistrate,   a   District  
Magistrate,  a   Sub-divisional  Magistrate,   or,   if   he   is  specially   empowered  in  this   behalf   by   the  
State   Government,   a   Magistrate   of   the   first   class”,   the   words   “a   District   Magistrate,   a               
sub-divisional   Magistrate,   or,   if   he   is   specially   empowered   in   this   behalf   by   the   State  
Government,  an  Executive  magistrate  of  the  first  class,  or  if  he  is  specially  empowered  in  this  
behalf  by   the   State   Government,  in  consultation  with   the   High   Court,   a  Judicial  Magistrate   of  
the  first  class”  shall  be  substituted. 

46.    In   sub-section   (1)   of   section   187,   for   the   words   “a   presidency   Magistrate   or                       

District   Magistrate,   such   Magistrate   shall   send   the   person   arrested   to   the   District   to                   
Sub-divisional   Magistrate”,   the   words   “a   District   Magistrate   or   Chief   Judicial   Magistrate,   such  
Magistrate,  or  as  the  case  may  be,  to  the  Chief  Judicial  Magistrate”  shall  be  substituted. 

47.  In section 190,— 

(i)   in   sub-section   (1),   for   the   words   “any   Presidency   Magistrate,   District   Magistrate   or  
Sub-divisional   Magistrate,   and   any   other   Magistrate”,   the   words   “ any   Chief   Judicial  
Magistrate,  and  any  other  Judicial  Magistrate”  shall  be  substituted; 

(ii)  in  sub-section  (2),  for  the  words  “The  State  Government,  or  the  District  Magistrate  
subject   to   the   general   or   special   orders   of   the   State   Government,   may   empower   any  
Magistrate”,  the  words  “The  State  Government,  in  consultation  with  the  High  Court,  or  the  
Chief  Judicial   Magistrate,   subject   to   the   general   or   special   orders   of   the   High   Court,   may  
empower  any  other  Judicial  Magistrate”  shall  be  substituted;  and 

(iii)  in  sub-section  (3),  for  the  words  “State  Government  may  empower  any  Magistrate”  
the   words   “State   Government,   in   consultation   with   the   High   Court,   may   empower   any  
Judicial  Magistrate”  shall  be  substituted. 

48.  In section 192,— 

(i)   in   sub-section   (1),   for   the   words   “Any   Chief   Presidency   Magistrate,   District  
Magistrate  or  Sub-divisional  Magistrate”,  the  words  “Any  Chief  Judicial  Magistrate”  shall  be  
substituted;  and 

(ii)   in   sub-section   (2),   for   the   words   “District   Magistrate”,   the   words   “Chief   Judicial  

Magistrate”  shall  be  substituted. 

49.  In  sub-section  (2)  of  section  193,  for  the  words  “the  State  Government”,  the  words   “the  

State  Government,  in  consultation  with  the  High  Court”,  shall  be  substituted. 

50.  In  section  196B,  for  the  words  “Chief  Presidency  Magistrate”, the  words  “Chief  Judicial  

Magistrate”  shall  be  substituted. 

51.    In   sub-section   (1)   of   section   206,   for   the   words   and   brackets   “Any   Presidency  
Magistrate,   District   Magistrate,   Sub-divisional   Magistrate, Magistrate   of   the   first   class,   or   any  
Magistrate   (not   being   a   Magistrate   of   the   third   class)   empowered   in   this   behalf   by   the   State  
Government”, the  words  “Any  Chief  Judicial Magistrate  or  a  Judicial  Magistrate  of  the  first  class   

13 

 
 
 
 
 
or  any  Judicial  Magistrate  of  the  second  class  empowered  this  behalf  by  the  State  Government,  
in  consultation  with  the  High  Court,” shall  be  substituted. 

52.  In  section  249,  for  the  words  “a  Presidency  Magistrate  a  Magistrate  of  the  first  class,  
or, with   the   previous   sanction   of   the   District   Magistrate,   any   other   Magistrate”,   the   words   “a  
Judicial   Magistrate   of   the   first   class,   or,   with   the   previous   sanction   of   the   Chief   Judicial  
Magistrate,  any  Judicial  Magistrate  of  the  second  class”  shall  be  substituted. 

53.  In  sub-section  (3)  of  section  250,  the  words  “or  third”  shall  be  omitted. 

54.  In  the  opening  paragraph  of  sub-section  (1) of  section  260,  for  clauses (a), (b) and  (c), the  

following  clauses  shall  be  substituted,  namely:— 

“(a) the Chief Judicial Magistrate, 

(b)  any  Judicial  Magistrate  of  the  first  class  specifically  empowered  in  this  behalf  by  the  

State  Government,  in  consultation  with  the  High  Court,  and 

(c)  any  Bench  of  Judicial  Magistrates  invested  with  the  powers  of  a  Judicial  Magistrate  
of   the   first   class   and   specifically   empowered   in   this   behalf   by   the   State   Government,   in  
consultation  with  the  High  Court.”. 

55.  In section 261,— 

(i)  in  the  marginal  heading,  for  the  words  “Bench  of  Magistrates”,  the  words  “Bench  of  

Judicial  Magistrates”  shall  be  substituted; 

(ii)  in  the  opening  paragraph,  for  the  words  “State  Government  may  confer  on  any  Bench 
 of  Magistrates invested with the powers of a Magistrate  of  the  second  or  third  class”,  the  words  
“State   Government,   in   consultation   with   the   High   Court,   may   confer   on   the   Bench   of  
Judicial  Magistrates  invested  with  the  powers  of  a  Judicial  Magistrate  of  the  second  class”  
shall  be  substituted. 

56.    In   section   263, for   the   words   “Bench of   Magistrates”,   the   words   “Bench   of   Judicial  
Magistrates”   and   for   the   words   “the   State   Government”,   the   words   “the  High   Court”   shall   be  
substituted. 

57.  In  sub-section  (2)  of  section  265,  for  the  words  “The  State  Government  may  authorises  
any   Bench   of   Magistrates”,   the   words   “The   State   Government,   in   consultation   with   the   High  
Court,  may  authorise  any  Bench  of  Judicial  Magistrates”  shall  be  substituted. 

58.  In  sub-sections (1) and  (2)  of  section  269,  after  the  words  “State  Government”,  the  words  

“in  consultation  with  the  High  Court”  shall  inserted. 

59.  In section 337, in sub-section (1),— 

(i)   in   the   opening   paragraph,   for   the   words   “a   Presidency   Magistrate,   a   Sub-divisional  

Magistrate”,  the  words  “the  Chief  Judicial  Magistrate”  shall  be  substituted; 

(ii)  for  the  proviso,  the  following  proviso  shall  be  substituted,  namely:— 

“Provided  that  where  the  offence  is  under  inquiry  or  trial,  no  Magistrate  of  the  first  
class  other  than  the  Chief  Judicial  Magistrate  shall  exercise  the  power  hereby  conferred  
unless   he   is   the   Magistrate   making   the   inquiry   or   holding   the   trial,   and,   where   the  
offences   is   under   investigation,   no   Magistrate   of   the   first   class   other   than   the                    
District  Magistrate  or  the  Chief  Judicial  Magistrate  shall  exercise  the  power  unless  he  is  
the  Judicial  Magistrate  having  jurisdiction  in  a  place  where  the  offence  might  be  inquired  
into  or  tried  and  the  sanction  of  the  Chief  Judicial  Magistrate  has  been  obtained  to  the  
exercise  thereof.”. 

14 

 
 
 
60.  In  section  338,  for  the  words  “District  Magistrate”,  the  words  “Chief  Judicial  Magistrates  

shall  be  substituted. 

61.    In   sub-section  (1)   of   section   346,   after  the  words  “District  Magistrate”,  the   words   “or  

the  Chief  Judicial  Magistrate,  as  the  case  may  be,”  shall  be  inserted. 

62.  In section 349,— 

(i)  in sub-section  (1),— 

(a)   for   the   words   “a   Magistrate   of   the   second   or   third   class”,   the   words                         

“a  judicial  Magistrate  of  the  second  class”  shall  be  substituted;  and 

(b)  for  the  words  “District  Magistrate  or  Sub-divisional  Magistrate”,  the  words  “Chief  

Judicial  Magistrate”  shall  be  substituted;  and 

(ii)  in  sub-section  (1A),  for  the  words  “District  Magistrate  or  Sub-divisional  Magistrate”,  

the  words  “Chief  Judicial  Magistrate”  shall  be  substituted. 

63.  For section 373, the following section shall be substituted, namely:— 

“373.      Court  of  Session to  send  copy  of    finding  and  sentence  to  District  Magistrate  and  
Chief Judicial Magistrate.—In  cases  tried  by  the  Court  of  Session,  the  Court  shall  forward  a  
copy   of   its   finding   and   sentence   (if   any)   to   the   District   Magistrate   and   the   Chief  Judicial  
Magistrate  within  the  local  limits  of  whose  jurisdiction  the  trial  was  held.”. 

64.    In   section   380,   for   the   words   “Magistrate   of   the   first   class   or   a   Sub-divisional  

Magistrate”,  the  words  “Judicial  Magistrate  of  the  first  class”  shall  be  substituted. 

65.  For section 406A, the following sections shall be substituted, namely:— 

“406A.  Appeal from order refusing to accept or rejecting a surety.—Any  person  aggrieved  
by  an  order  refusing  to  accept  or  rejecting  a  surety  under  section  122  may  appeal  against  
such  order,— 

(a)  if  made  by  the  District  Magistrate  or  the  Chief  Judicial  Magistrate,  to  the  Court  

of  session; 

(b)   if   made   by   an   Executive   Magistrate   other   than   the   District   Magistrate,   to   the  

District  Magistrate;  and 

(c)  if  made  by  an  Judicial  magistrate  other  than  the  Chief  Judicial  Magistrate,  to  the  

Chief  Judicial  Magistrate. 

406B. Transfer of appeal to Additional District Magistrate to the Additional Chief Judicial 
Magistrate.—The  District  Magistrate  or  the  Chief  Judicial  Magistrate  may  transfer  any  appeal 
presented to him under section 406A to an Additional District Magistrate or to the Additional Chief 
Judicial Magistrate, as the case may be, and such Additional District Magistrate or Additional Chief 
Judicial Magistrate may hear and dispose of the appeal.”. 

66.   In  section  407  which  applies  only  to  the  Union  territory  of  the  Laccadive,  Minicoy  and  

Amindivi  Islands,— 

(i)   for   the   words   “District   Magistrate”,   wherever   they   occur,   the   words   “Chief   Judicial  

Magistrate”  shall  be  substituted; 

(ii)  in  sub-section  (1)  for  the  words,  “Magistrate  of  the  second  or  third  class”,  the  words  

“Judicial  Magistrate  of  the  second  class”  shall  be  substituted; 

(iii)  in  sub-section  (2)  for  the  words,  “Magistrate  of  the first class”,  the  words  “Judicial  

Magistrate  of  the  first  class”  shall  be  substituted. 

15 

 
 
 
 
 
67.  In section 408,— 

(i)  as  it  applies  to  any  Union  territory  other  than  the  Union  territory  of  the  Laccadive,  
Minicoy  and  Amindivi  Islands,  for  the  words  and  figures  “a  District  Magistrate  or  any  other  
Magistrate,  or  any  person  sentenced  under  section  349  or  in  respect  of  whom  an  order  has  
been  made  or  a  sentence  has  been  made or sentence has been passed  under  section  380  by  any  
Magistrate”,  the  words  and  figures  “or  a  Judicial  Magistrate  or  any  person  sentenced  under  
section   349   or   in   respect   of  whom   an   order   has   been  made  or  a  sentence  has  been   passed  
under  section  380  by  a  Judicial  Magistrate”  shall  be  substituted; 

(ii) as  it  applies  to  the  Union territory  of  the  Laccadive,  Minicoy  and  Amindivi  Islands,  
for  the  words  and  figures  “a  District  Magistrate  or  other  Magistrate of the first class,  or  any  
person   sentenced   under   section   349   or   in   respect   of   whom   an   order   has   been   made   or   a  
sentence  has  been  passed  under  section  380  by  any  Magistrate”,  the  words  and  figures  “or  a  
Judicial   Magistrate  of  the  first  class   or   any   person   sentenced   under   section   349   in   respect  
whom   an   order   has   been   passed   under   section   380   by   a   Judicial   Magistrate”   shall   be  
substituted. 

68.   In section 409,— 

(a)  as  it  applies  to  any  Union  territory  of  the  Laccadive,  Minicoy  and  Amindivi  Islands,  
in   the   proviso,   for   the   words   “State   Government”,   the   words   “State   Government,   in  
consultation  with  the  High  Court,”  shall  be  substituted; 

(b)   it   applies   to   any   Union   territory   other   than   the   Union   territory   of   the   Laccadive,  

Minicoy  and  Amindivi  Islands,— 

(i)  in  the  proviso  to  sub-section  (1),  the  words  “or  third”  shall  be  omitted;  and 

(ii)  

in   sub-section  

(2),  

for  

the   words   “State   Government”,  

the   words                        

“State  Government,  in  consultation  with  the  High  Court,”  shall  be  substituted. 

69.    In   section   412,   for   the   words   “Magistrate   of   the   first   class”,   the   words   “Judicial  

Magistrate  of  the  first  class”  shall  be  substituted. 

70.  In  section  413,  for  the  words  “or  District  Magistrate  or  other  Magistrate”,  the  words  “or  

Chief  Judicial  Magistrate  or  other  Judicial  Magistrate”  shall  be  substituted. 

71.  In  sub-section  (1) of section 425,  for  the  words  “District  Magistrate”,  wherever  they  occur,  
the  words “Chief  Judicial  Magistrate” shall be substituted,  and  the  words “and  a  copy  thereof  shall  
be forwarded  to  the  District  Magistrate” shall  be inserted  at the end. 

72.    In   sub-section   (1)   of   section   428,   for   the   word   “Magistrate”,   wherever   it   occurs,   the  

words  “Judicial  Magistrate”  shall  be  substituted. 

73.  For section 435, the following section shall be substituted, namely:— 

“435.    Power to call for records of inferior Courts.—(1)  The  High  Court  or  any  Sessions  
Judge  may  call  for  and  examine  the  record  of  any  proceeding  before  any  inferior  Criminal  
Court   situate   within   the   local   limits   of   its   or   his   jurisdiction   and   any   Chief   Judicial  
Magistrate   may   call   for   and   examine   the   record   of  any  proceedings  before  any  Judicial 
Magistrate  under  his  Jurisdiction  for   the   purpose   of   satisfying   itself   or   himself   as   to   the  
correctness,  legality  or  propriety  of  any  finding,  sentence  or  order  recorded  or  passed,  and  as  
to  the  regularity  of  any  proceedings  of  such  inferior  Court  or  such  Magistrate,  as  the  case  
may  be,  and  may,  when  calling  for  such  record,  direct  that  the  execution  of  any  sentence  or  
order  be  suspended  and,  if  the  accused  is  in  confinement,  that  he  be  released  on  bail  or  on  
his  own  bond  pending  the  examination  of  the  record. 

(2)   The   District   Magistrate   or   any   Sub-divisional   Magistrate   empowered   by   the   State  
Government   in  this  behalf,   may   call  for   and   examine   the   record   of   any   proceeding   before  
any   Subordinate   Executive   Magistrate   for   the   purpose   of   satisfying   himself   as   to   the  

16 

 
 
 
correctness,  legality  or  propriety  of  any  order  recorded  or  passed,  and  as  to  the  regularity  of  
any   proceedings   of   such   Subordinate   Magistrate   and   may,   when   calling   for   such   record,  
direct   that   the   execution   of   any   order   be   suspended   and,   if   the   person   is   in   confinement,  
that  he  be  released  on  bail  or  on  his  own  bond  pending  the  examination  of  the  record. 

(3)  If  any  Sub-divisional  Magistrate  acting  under  sub-section  (2)  considers  that  any  such  
proceeding or  order  is  illegal  or  improper  or  that  any  such  proceeding    is   irregular,   he   shall  
forward  the  record,  with  such  remarks  thereon  as  he  thinks  fit  to  the  District  Magistrate. 

(4)   The   High   Court   may   call   for   and   examine   the   record   of   any   proceeding   under  
section  118,  122,  143,  144  or  145,  notwithstanding  the  fact  that  such  proceeding  was  before  
an  Executive  Magistrate. 

(5)   If   an   application   in   respect   of   any   proceeding   before   any   Judicial   Magistrate   other  
than  the  Chief  Judicial  Magistrate  has  been  made  under  sub-section  (1)  either  to  the  Sessions  
Judge   or   the   Chief   Judicial   Magistrate,   no   further   application   shall   be   entertained   by   the  
other   of   them   and   if   an   application   in   respect   of   any   proceeding   before   any   Executive  
Magistrate   has   been   made   to   the   Sessions   Judge   under   sub-section   (1)   or   to   the   District  
Magistrate  under  sub-section  (2),  no  further  application  shall  be  entertained  by  the  other  of  
them.”. 

74.  Section 436 shall be re-numbered as sub-section (1) thereof and— 

(i)  in sub-section  (1)  as  so  re-numbered— 

(a)   for   the   words   “District   Magistrate”,   wherever   they   occur,   the   words   “Chief  

Judicial  Magistrate”  shall  be  substituted; 

(b)  in  the  proviso,  for  the  word  “section”,  the  word  “sub-section”  shall  be  substituted; 

(ii)   after  sub-section  (1)   as   so   re-numbered,  the  following   sub-section   shall   be   inserted,  

namely:— 

“(2)  On  examining  any  record  under  section  435  or  otherwise,  the  District  Magistrate  
may   direct   any   Sub-divisional   Magistrate   by   himself   or   by   way   any   other   Magistrate  
subordinate   to   him   to   make,   and   the   Sub-divisional   Magistrate   may   himself   make   or  
direct  any  Subordinate  Magistrate  to  make  further  inquiry  into  any  proceeding  in  which  
an  order  of  release  or  discharge  has  been  made  under  section  119: 

Provided  that   no   District   Magistrate   shall   make   any   direction   under  this  sub-section  
for   further   inquiry   into   the   case   of   any   person   who   has   been   released   or   discharge  
unless  such  person  has  had  an  opportunity  of  showing  cause  why  such  direction  should  
not  be  made.”. 

75.    In   section 437, for   the   words   “District   Magistrate”,   wherever   they   occur,   the   words   

“Chief  Judicial  Magistrate”  shall  be  substituted. 

76.  In section 438,— 

(i) 

in  

sub-section  

(1),  

for  

the   words  

“District   Magistrate”,  

the   words                             

“Chief  Judicial  Magistrate”  shall  be  substituted;  and 

(ii)  after  sub-section  (2),  the  following  sub-section  shall  be  inserted,  namely:— 

“(3)  The  District  Magistrate,  on  examining  under  section  435  or  otherwise  the  record  

of  any  proceeding,— 

if  

(a)  

shall,  

such   proceeding  

is  
sections   118,   122,  143,   144   or   145   and   if   he   thinks   that   the   order   made   in   such  
proceeding  should  be  reversed  or  altered,  report  for  the  orders  of  the  High  Court  the  
result  of  such  examination; 

in  

respect   of   an   order   under                                     

17 

 
 
 
(b)   may,   if   such   proceeding   is   in   respect   of   an   order   made   under   any   other  
section,  exercise,  subject  to  the  provisions  of  sub-section  (2)  of  section  436,  any  of  
the  powers  conferred  on  a  Court  of  appeal  by  sections  423,  426,  427  and  428.”. 

77.    In   sub-section   (3)   of   section   439,   for   the   words   “a   Magistrate   of   the   first   class”,   the  

words  “a  judicial  Magistrate  of  the  first  class”  shall  be  substituted. 

78.    In   section   479,   for   the   words   “Presidency   Magistrate,   District   Magistrate   or   other  
Magistrate”,   the   words   “Chief   Judicial   Magistrate   or   any   other   Judicial   Magistrate”   shall   be  
substituted. 

79.    In   sub-section   (1)   of   section   488,   for   the   words   “District   Magistrate, a   Presidency  
Magistrate,  a  Sub-divisional  Magistrate  or  a  Magistrate”,  the  words  “Chief  Judicial  Magistrate  or  
any  other  Judicial  Magistrate”  shall  be  substituted. 

80.  In  sub-section  (2)  of  section  512,  for  the  words  “any  Magistrate  of  the  first  class”,  the  

words  “any  judicial  Magistrate  of  the  first  class”  shall  be  substituted. 

81.  For section 515, the following section shall be substituted namely:— 

“515.  Appeal  from  and  revision  of,  orders  under  section  514.—All orders under              

section 514 shall be appealable,— 

(i) to  the  District  Magistrate,  if  passed  by  an  Executive  Magistrate,  and 

(ii) to  the  Chief  Magistrate,  if  passed  by  an  Judicial  Magistrate, 

or  if  not  so  appealed,  may  be  raised  by  the  District  Magistrate  or,  as  the  case  may  be, by  
the  Chief  Judicial  Magistrate”. 

82.   In section 524,— 

(i)   in   sub-section   (1)   for   the   words   “a   Magistrate   of   the   first   class”,   the   words   “an  

Executive  Magistrate  of  the  first  class”  shall  be  substituted;  and 

(ii)  in  sub-section  (2)  for  the  words  “to  the  Court  to  which  appeals  against  sentences  of  
the   Court   passing   such   order   would   lie”,   the   words   “to   the   Sessions   Judge”   shall   be  
substituted. 

83.  In section 528,— 

(i)  in sub-section (2),— 

(a)   for   the   marginal   heading,   the   following   marginal   heading   shall   be   substituted,  

namely:— 

“Chief Judicial Magistrate may withdraw or refer cases”; and 

(b)   for   the   words   “Any   Chief   Presidency   Magistrate,   District   Magistrate   or                   

Sub-divisional   Magistrate”,  
substituted;  and 

the   words   “The   Chief   Judicial   Magistrate”   shall   be            

(ii)  after  sub-section  (2),  the  following  sub-sections  shall  be  inserted,  namely:— 

“(2A)  Power to authorise Chief Judicial Magistrate to withdraw classes of cases.—The  

State   Government,  
Chief  Judicial  Magistrate  to  withdraw  from  any  Magistrate  subordinate  to  him  either  such  
classes  of  cases  as  he  thinks  proper,  or  particular  classes  of  cases. 

the   High   Court,   may   authorise  

in   consultation   with  

the                           

18 

 
 
 
 
“(2B)  District Magistrate may withdraw or refer cases.—Any  District  Magistrate  may  
withdraw  any  case  from  or  recall  any  case  which  he  has  made  over  to,  any  Magistrate  
subordinate  to  him  and  may  inquire  into  such  case himself,  or  refer  it  for  inquiry  to  any  
other  such  Magistrate  competent  to  inquire  into  the  same.”. 

84.    In   sub-section   (2)   of   section   559,   the   words   “the   Chief   Presidency   Magistrate   in   a  
Presidency-town,  and  the  District  Magistrate  outside  such  towns”,  the  words  “the  Chief  Judicial  
Magistrate   in   the   case   of   Judicial   Magistrates   and   the   District   Magistrate   in   the   case   of  
Executive  Magistrates”  shall  be  substituted. 

85.    In   section   561,   for   the   words   “a   Chief   Presidency   Magistrate   or   District   Magistrate”,  

wherever  they  occur,  the  words  “a  Chief  Judicial  Magistrate”  shall  be  substituted. 

86.  In the proviso to sub-section (1) of section 562,— 

(i)  for  the  words  “Magistrate  of  the  third  class,  or  a  Magistrate  of  the  second  class  not  
specially  empowered  by  the  State  Government”,  the  words  “Judicial  Magistrate  of  the  second  
class   not   specially   empowered   by   the   State   Government   in   consultation   with   the   High  
Court,”  shall  be substituted;  and 

(ii)   for   the   words   “Magistrate   of   the   first   class   or   the   Sub-divisional   Magistrate”,   the  

words  “Judicial  Magistrate  of  the  first  class”  shall  be  substituted. 

87.  In section 565,— 

(i)   in   sub-section   (1),   for   the   words   “Presidency   Magistrate,   District   Magistrate,             

Sub-divisional   Magistrate   or   Magistrate”,  the   words   “Chief  Judicial   Magistrate  or   any   other  
Judicial  Magistrate”  shall  be  substituted; 

(ii)   in   sub-section   (3)   after   the   words   “State   Government”,   the   words   “in   consultation  

with  the  High  Court”,  shall  be  inserted ;  and 

(iii)  in  sub-section  (5),  for  the  words  “Magistrate”,  the  words  “Judicial  Magistrate”  shall  

be  substituted. 

88.  In Schedule II, in column 8,— 

(i)   for   the   word   “Magistrate”,   wherever   it   occurs   except   in   the   expression   “Presidency  
Magistrate”,  the  words  “Judicial  Magistrate”,  and  for  the  words  “Any  Magistrate”,  wherever  
they  occur,  the  words  “Any  Judicial  Magistrate”  shall  be  substituted; 

(ii)  for  the  entry  against  section  124A,  the  following  entry  shall  be  substituted,  namely:— 

“Court   of  session,   Chief   Judicial  Magistrate   or   any   other  Judicial  Magistrate   of  the  
first  class  specially  empowered  by  the  State  Government,  in  consultation  with  the  High  
Court,  in  that  behalf.”;  and 

(iii)  in  the  entry  relating  to  section  376,  for  the  words  “Chief  Presidency  Magistrate  

or  District  Magistrate”,  the  words  “or  Chief  Judicial  Magistrate”  shall  be  substituted. 

19 

 
 
 
 
 
89.  For  Schedules  III  and  IV,  the  following  Schedules  shall  be  substituted,  namely:— 

“SCHEDULE III 
(See section 36) 

ORDINARY POWER OF STATE MAGISTRATES 

I. Ordinary powers of a Judicial Magistrate of the second class. 

 (1)  Power  to  arrest  or  direct  the  arrest  of,  and  to  commit  to  custody  a  person  committing  

an  offence  in  his  presence,  section  64. 

(2)  Power  to  arrest  or  direct  the  arrest  his  presence  of,  an  offender,  section  65. 

(3)  Power  to  endorse  a  warrant,  or  to  order  the  removal  of  an  accused  person  arrested  under  

a  warrant,  sections  83, 84  and  86. 

(4)  Power  to  issue  proclamations  in  cases  judicially  before  him,  section  87. 

(5)  Power  to  attach  and  sell  property  to  dispose  of  claims  or  objections  to  attached  property,  

section  88. 

(6)  Power to restore attached property, section 89. 

(7)  Power  to  require  search  to  be  made  for  letters  and  telegrams,  section  95. 

(8)  Power to issue search warrant, section 96. 

(9)  Power  to  endorse  a  warrant  and  order  delivery  of  thing  found,  section  99. 

(10)  Power  to  order the  police  to  investigate  an  offence  in  cases  in  which  the  Magistrate  has  

jurisdiction  to  try  or  commit  for  trial,  section  155. 

(11)   Power   to   authorise   detention,   not   been   detention   in   the   custody   of   the   police,   of   a  

person  during  a  police  investigation,  section  167. 

(12)  Power  to  postpone  issue  of  process  and  to  inquire  into  a  case  or  direct  investigation,  

section  202. 

(13)  Power to detain an offender found in Court, section 351. 

(14)  Power  to  issue  commission  for  examination  of  witness,  sections  503,  506. 

(15)  Power  to  recover  forfeited  bond  for  appearance  before  the  Magistrate  Court, section  514,  

and  to  require  fresh  security,  section  514A. 

(16)  Power  to  make  order  as  to  custody  and  disposal  of   property  pending  inquiry  or  trial,  

section  516A. 

(17)  Power  to  make  Order  as  to  dispose  of  property,  section  517. 

(18)  Power  to  sell  property  of  a  suspected  character,  section  525. 

(19)  Power  to  require  affidavit  in  support  of  application,  section  539A. 

(20)  Power to make local inspection, section 539B. 

II.—Ordinary powers of a Judicial Magistrate of the first class 

(1)  The  Ordinary  powers  of  a  Judicial  Magistrate  of  the  second  class. 

(2)  Power to direct warrant to landholders, section 78. 

(3)  Power  to  issue  search  warrant,  otherwise  than  in  due  course  of  an  inquiry,  section  98. 

(4)  Power  to  issue  search  warrant  for  discovery  of  persons  wrongfully  confined, section  100. 

(5)  Power to require execution of a bond, section 106. 

20 

 
 
 
(6)  Power to discharge sureties, section 126A. 

(7)  Power  to  record  statements  and  confessions  during  a  police  investigation,  section  164. 

(8)   Power   to   authorise   detention   of   a   person   in   the   custody   of   the   police  during  a  police  

investigation,  section  167. 

(9)  Power to commit for trial, section 206. 

(10)  Power to stop proceedings when no complainant, section 249. 

(11)   Power   to   tender   pardon   to   accomplice   during   inquiry   into   case   by   himself,              

section  337. 

(12)  Power  to  make  orders  of  maintenance,  sections  488  and  489. 

(13)  Power  to  recall  case  made  over  by  him  to  another  Magistrate,  section  528  (4). 

(14)  Power  to  make  order  as  to  first  offenders,  section  562. 

(15)  Power to order released convicts to notify residence, section 565. 

III-Ordinary powers of a Chief Judicial Magistrate 

(1)  The  Ordinary  powers  of  a  Judicial  Magistrate  of  the  first  class. 

(2)  Power to try juvenile offenders, section 29B. 

(3)  Power  to  require  delivery  of  letters,  telegrams,  etc.,  section  95. 

(4)   Power   to   issue   search   warrants   for   documents   in   custody   of   postal   or   telegraph  

authorities,  section  96. 

(5)   Power  

to  

release   person  

imprisoned  

for  

failure  

to   give  

security   under                           

section 106, section 124. 

(6)  Power  to  cancel  any  bond  for  keeping  the  peace  under  section  106,  section  125. 

(7)  Power  to  order  police  investigation  into  a  cognizable  case,  section  156. 

(8)   Power   to   issue   process   for   a   person   within   local   jurisdiction   who   has   committed   an  

offence  outside  the  local  jurisdiction,  section  186. 

(9)  Power to entertain complaints, section 190. 

(10)  Power to receive police reports, section 190. 

(11) Power to entertain cases without complaint, section 190. 

(12)  Power  to  transfer  cases  to  a  Subordinate  Magistrate,  section  192. 

(13)  Power  to  order  preliminary  investigation  by  a  police  officer  not  below  the  rank  of  an  

Inspector  in  certain  cases,  section  196B. 

(14)  Power to try summarily, section 260. 

(15)  Power  to  tender  pardon  to  accomplice  at  any  stage  of  a  case,  section  337. 

(16)   Power   to   pass   sentence   on   proceedings   recorded   by   a   Subordinate   Magistrate,         

section  349. 

(17)  Power  to  hear  appeals  from  orders  of  Judicial  Magistrate  refusing  to  accept  or  rejecting  

sureties,  section  406A. 

(18)  Power to call for records, section 435. 

(19)  Power to order inquiry, section 436. 

21 

 
 
 
(20)  Power to order commitment, section 437. 

(21)  Power to report case to High Court, section 438. 

(22)  Power  to  hear  appeals  from  or  revise  orders  passed  under  section  514,  section  515. 

(23)  Power  to  withdraw  cases  and  to  try  or  refer  them  for  trial,  section  528. 

IV.— Ordinary  powers  of  an  Executive  Magistrate  of  the  second  class. 

(1)  Power  to  arrest  or  direct  the  arrest  of  ,  and  to  commit  to  custody,  a  person  committing  

an  offence  in  his  presence,  section  64. 

(2)  Power  to  arrest,  or  direct  the  arrest  in  his  presence  of,  an  offender,  section  65. 

(3)  Power  to  endorse  a  warrant,  or  to  order  the  removal  of  an  accused  person  arrested  under  

a  warrant,  sections  83,  84,  86. 

(4)  Power to issue proclamations, section 87. 

(5)  Power to attach and sell property, section 88. 

(6)  Power to restore attached property, section 89. 

(7)  Power  to  require  search  to  be  made  for  letters  and  telegrams,  section  95. 

(8)  Power to issue search warrants section 96. 

(9)  Power  to  endorse  a  search  warrant  and  order  delivery  of  thing  found,  section  99. 

(10)  Power to command unlawful assembly to disperse, section 127. 

(11)  Power  to  use  civil  force  to  disperse  unlawful  assembly,  section  128. 

(12)   Power   to   require   military   force   to   be   used   to   disperse   unlawful   assembly,               

section  130. 

(13)   Power   to   authorise   detention   not   being   detention   in   the   custody   of   the   police,   of   a  

person  during  a  police  investigation,  section  167. 

(14)  Power to take evidence on commission, section 503. 

(15)   Power   to   recover   forfeited   bond   for   appearance   before   Magistrate’s   Court,  section   514 

and to require fresh security, section 514A.  

(16)  Power  to  make  order  as  to  disposal  of  property,  section  517. 

(17)  Power  to  sell  property  of  a  suspected  character,  section  525. 

V.—Ordinary powers of an Executive Magistrate of the first class. 

(1)  The  ordinary  powers  of  an  Executive  Magistrate  of  the  second  class. 

(2)  Power  to  issue  search  warrant  otherwise  than  in  course  of  an  inquiry,  section  98. 

(3)   Power   to   issue   search   warrant   for   discovery   of   persons   wrongfully   confined,                   

section  100. 

(4)  Power  to  require  security  to  keep  the  peace,  section  107. 

(5)  Power to require security for good behaviour, section 109. 

(6)  Power to discharge sureties, section 126A. 

(7)  Power  to  make  orders  as  to  local  nuisances,  section  133. 

(8)  Power  to  make  orders,  etc.,  in  possession  cases,  sections  145,  146  and  147. 

22 

 
 
 
(9)   Power   to   authorise   detention   of   a   person   in   custody   of   the   police   during   a   police  

investigation,  section  167. 

(10)  Power to hold inquests, section 174. 

VI.—Ordinary powers of a Sub-divisional Magistrate 

(1)  The  ordinary  powers  of  an  Executive  Magistrate  of  the  first  class. 

(2)  Power to direct warrants to landholders, section 78. 

(3)  Power to require security for good behaviour, section 110. 

(4)  Power to makes orders prohibiting repetitions of nuisances, section 143. 

(5)  Power to make orders section 144. 

(6)  Power  to  depute  Subordinate  Executive  Magistrate  to  make  local  inquiry,  section  148. 

(7)  Power  to  issue  process  for  person  within  local  jurisdiction  who  has  committed  an  offence  

outside  the  local  jurisdiction,  section  186. 

(8)  Power  to  sell  property  alleged  or  suspected  to  have  been  stolen,  etc.,  section  524. 

VII.—Ordinary powers of District Magistrate 

(1) The ordinary powers of a sub-divisional Magistrate. 

(2)  Power to require delivery letters, telegrams, etc., section 95. 

(3)   Power  

to  

issue   search   warrants  

for   documents  

in   custody   of   postal   or  

telegraph authorities,  section  96. 

(4)  Power  to  require  security  for  a  good  behaviour,  section  108. 

(5)  Power  to  discharge  persons  bound  to  keep  the  peace  or  to  be  of  good  behaviour  under  

section  118,  section  124. 

(6)   Power   to   cancel   bond   for   keeping   the   peace   or   to   be   of   good   behaviour   under           

section  118,  section  125. 

(7)   Power   to   order   preliminary   investigation   by   police   officer   not   below   the   rank   of  

Inspector  in  certain  cases,  section  196B. 

(8)  Power  to  tender  pardon  to  accomplice  at  the  stage  of  investigation,  section  337. 

(9)   Power   to   hear   appeals   from   orders   of   Executive   Magistrate   refusing   to   accept   or  

rejecting  sureties,  section  406A. 

(10)  Power to call for and examine records, section 435(2). 

(11)   Power   to   direct   Executive   Magistrate   to   make   further   inquiry   into   proceedings,   etc.,  

section  436 (2). 

(12)  Power to report cases to High Court, section 438(3). 

(13)  Power  to  appoint  person  to  be  Public  Prosecutor  in  particular  case,  section  492(2). 

(14)  Power  to  hear  appears  from  or  revise  orders  passed  under  section  514,  section  515. 

(15)  Power to compel restoration of abducted female, section 552. 

23 

 
 
 
 
 
 
SCHEDULE IV 

(See sections 37 and 38) 

ADDITIONAL POWER WITH WHICH STATE MAGISTRATES MAY BE INVESTED 

PART I 

A.—BY THE STATE GOVERNMENT IN CONSULTATION WITH THE HIGH COURT 

Powers  with  which  a  Judicial  Magistrates  of  the  first  class  may  be  invested 

(1)  Power to try juvenile offenders, section 29B. 

(2)  Power  to  issue  process  for  person  within  local  jurisdiction  who  has  committed  an  offence  

outside  the  local  jurisdiction,  section  186. 

(3)  Power  to  take  cognizance  of  offender  upon  complaint,  section  190. 

(4)  Power to take cognizance of offences upon police reports, section 190. 

(5)  Power to take cognizance of offences without complaint, section 190. 

(6)  Power to try summarily, section 260. 

(7)  Power  to  try  cases  under  section  124A  of  the  Indian  Penal  Code. 

Powers  with  which  a  Judicial  Magistrate  of  the  second  class  may  be  invested 

(1)  Power to try juvenile offenders, section 29B. 

(2)  Power  to  record  statements  an  confessions  during  in  a  police  investigation,  section  164. 

(3)   Power   to   authorise   detention   of    a  person    in   the   custody   of   the   police during   a   police  

investigation,  section  167. 

(4)  Power  to  take  cognizance  of  offences  upon  complaint,  section  190. 

(5)  Power  to  take  cognizance  of  offences  upon  police  reports,  section  90. 

(6)  Power  to  take  cognizance  of  offences  without  complaint,  section  190. 

(7)  Power to commit for trial, section 206. 

(8)  Power  to  make  orders  as  to  first  offenders,  section  562. 

B.—BY THE CHIEF JUDICIAL MAGISTRATE 

Powers  with  which  any  Judicial  Magistrate  of  the  second  class  may  be  invested 

(1)  Power  to  take  cognizance  of  offences  upon  complaint,  section  190. 

(2) Power  to  take  cognizance  of  offences  upon  police  reports,  section  190. 

(3)  Power to transfer cases, section 192 (2). 

Powers  with  which  any  Judicial  Magistrate  of  the  first  class  may  be  invested 

(1)  Power  to  take  cognizance  of  offences  upon  complaint,  section  190. 

(2) Power  to  take  cognizance  of  offences  upon  police  reports,  section  190. 

24 

 
 
 
 
 
 
 
PART II 

A—BY STATE GOVERNMENT 

Powers with which a Sub-divisional Magistrate may be invested 

Power  to  call  for  records  of  inferior  courts  and  to  forward  them  to  the  District  Magistrate,  

sub-sections  (2)  and  (3)  of  section  435. 

Powers  with  which an  Executive  Magistrate  of  the  first  class  may  be  invested 

(1)  Power  to  require  security  of  good  behaviour  in  the  case  of  sedition,  section  108. 

(2)  Power  to  require  security  for  a  good  behaviour,  section  110. 

(3)  Power  to  make  orders  prohibiting  repetitions  of  nuisances,  section  143. 

(4)  Power to make order under section 144. 

(5)  Power  to  record  statements  and  confessions  during  a  police  investigation,  section  164. 

(6)  Power  to  issue  process  for  person  within  local  jurisdiction  who  has  committed  an  offence  

outside  the  local  jurisdiction,  section  186. 

(7)  Power  to  sell  property  alleged  or  suspected  to  have  been  stolen,  etc., section  524. 

Powers  with  which  an  Executive  Magistrate  of  the  first  class  may  be  invested 

(1)  Power  to  make  orders  prohibiting  repetitions  of  nuisances,  section  143. 

(2)  Power to make order under section 144. 

(3)  Power  to  record  statements  and  confessions  during  a  police  investigation,  section  164. 

(4)   Power   to   authorise   detention,   of  a  person   in   the   custody   of   the   police  during   a   police  

investigation,  section  167. 

(5)  Power to hold inquests, section 174. 

B.—BY THE DISTRICT MAGISTRATE 

Powers  with  which  any  Executive  Magistrate  of  the  first  class  may  be  invested 

(1)  Power  to  make  orders  prohibiting  repetitions  of  nuisances,  section  143. 

(2)  Power to make order under section 144. 

Powers  with  which  any  Executive  Magistrate  of  the Second class  may  be  invested 

(1)  Power  to  make  orders  prohibiting  repetitions  of  nuisances,  section  143. 

(2)  Power to make order under section 144. 

(3) Power to hold inquests, section 174.”. 

25 

 
 
 
 
